and our Atkinson and the city are settling any potential claims arising from this interaction so that the parties may focus on the continued healing of both the community and Mr. Atkinson, the statement read. During the 16-minute standoff, multiple officers politely and calmly asked Mr. Atkinson to drop the trash grabber and sit down so they could talk, the report read. An internal affairs investigation found the officer "did not have probable cause to charge Atkinson with any crime" and "should have ended his contact" as soon as Atkinson gave him his name and . Examined. Officer Smyly too had been polite. At one point the officer says, "you're probably going to get tased.". Your email address will not be published. That identification card, the same size as a driver's license or credit card, displayed Mr. Atkinson's name and photo. Hogwash! The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Whether movers in Fort Collins are helping you Sam Lounsberry covers Longmont and the Carbon Valley. New video shows the heated encounter that went viral back in March -- a black man confronted by a Boulder police officer while picking up trash in his own yard. It was a frightening experience. As the subject officer got closer, he could also see that Mr. Atkinson was picking items up off the ground with the long metal object [a trash grabber] and placing them into a white bucket that he was holding. City council is set to approve the payout during a special Monday night meeting , the only non-coronavirus item on the agenda. Under a settlement with the city, Smyly will remain on Boulders payroll until February 2020. Following the incident, the City of Boulder promptly took steps to address the communitys concerns, including publicly apologizing to Mr. Atkinson, and holding a community listening session. The police department has also released all related body camera footage. The Boulder Police Department says the rules that were violated were conduct and violation of police authority and public trust. 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According to Boulder Police Department, the officer approached Zayd Atkinson around 8:30 a.m. because he was in an area behind a 'Private Property" sign. Apparently he was on the payroll until Feb of this year. Smyly drew his stun gun and then his handgun as he felt threatened by the trash grabber Atkinson was using. Atkinson beleives he was "penalized for practicing my rights," and his attorney, Siddhartha Rathod, said the officer's punishment doesn't reflect that. "He's at home being paid for racially profiling Zayd for illegally stopping him and for threatening his life.". The officer who confronted Atkinson resigned from the Boulder Police Department, and the Department enhanced oversight . "Mr. Atkinson and the . The City of Boulder concluded the investigation into a March 1, 2019 incident involving an encounter between Zayd Atkinson and Boulder Police officers. Though the (Professional Standards Unit) only investigates about three Class 1 cases a year, those cases will be handled under much less stress, and the risk of error due to time pressure and workload will be reduced, if trained support staff is ready when needed.. The staff person would be trained and specialized in the (Professional Standards Unit) process, forms and administrative functions, and should do other duties secondarily, rather than vice versa, the report read. The settlement has been reported to be a sum of $125,000. The police internal investigation concluded Smyly violated department policy during the encounter with Atkinson, and the independent report backed those conclusions, saying Smyly made some pivotal mistakes including asking for Atkinsons date of birth when he was not entitled to that information and mistakenly believing he had reasonable suspicion that a crime was occurring. In this undated photo provided by lawyer Siddhartha Rathod, Zayd Atkinson poses for a photo. Mr. Atkinson raised his voice and yelled., Smyly said he felt threatened by the trash grabber. He drew his Taser and later transitioned to his handgun, both weapons were pointed in a downward direction in front of the officer., The subject officer said that he did not believe that the Taser would be effective, because Mr. Atkinson was wearing a heavy coat, the summary states. The community member is being identified as he was previously publicly identified. The officers arrived and later left after they determined Atkinson had the right to be there. Resources for the homeless in Boulder, CO, Zayd Atkinson aspires to be a perpetual victim (Im not buying it). The officer eventually pulled out his gun and called for backup. He and his lawyer, Siddhartha Rathod, spoke to "Good Morning . Smyly resigned on Wednesday before the start of a planned administrative hearing into the matter. The Daily Camera reported that Lolotai left after his home address was posted publicly by activists. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at the property he was cleaning, made local and national headlines and led to the city revamping public oversight of Boulder Police Department. Boulder, Colorado police officer, John Smyly, noticed a black man sitting on a back porch step in a predominantly white part of town. When demonstrators took to the . "I'm just checking to make sure that you have a right to be here, that's all. Boulder is set to issue a $125,000 settlement payment to Zayd Atkinson, the black Naropa University student who was confronted by a now-former city police officer last year while picking up trash outside his school housing unit. Living at Kimberly Court can seem like living in the most convenient location in Boulder. We should know where he is and if he's allowed to work as a cop or in a field that requires public trust. Help make the Beat better. Covering City Council and Sundry, with flair, Sunday, Jan. 2, 2022 (Updated Tuesday, Jan. 4). 0:24 - Zayd A. Additionally, the proper protocol would have been for the officer to walk away after Mr. Atkinson produced his student identification card and explained what he was doing. BOULDER, Colo. (CBS4) - John Smyly, a Boulder police officer, has resigned after his department says he violated two rules when he questioned and followed a Naropa University student who was outside his home. Boulder Police Officer John Smyly quit the police force after an investigation found he violated department policy when he drew his gun and attempted to detain 26-year-old Zayd Atkinson in March . Boulder police said there is no evidence Atkinson was racially profiled. Atkinson told the officer that he lived in the building and showed him his school identification card. He said he gave the officer his ID and key card for the building, but the situation escalated as Atkinson refused to acquiesce when the officer ordered for him to sit down. Friday, March 13, 2020 (Updated Monday, March 16) The city of Boulder is offering a $125,000 settlement to Zayd Atkinson, the black Naropa student who was confronted by armed police officers last year while picking up trash outside his home. Atkinson said he's had trouble sleeping since the incident. Here are some ways you can help. The (Professional Standards Unit) investigation resulted in a complete, thorough, impartial report package, the independent report reads. Original Post: . Atkinson walked away, the subject officer followed from a distance. Those are the statistics that bear on the Zayd Atkinson drama, in which no shots were fired, no Taser was deployed, no pepper spray was used, no tickets were issued, and no arrest was made. Meanwhile, Zayd said talk is cheap. The other officers were cleared of wrongdoing, with the report noting that none of them pointed any weapons at Atkinson. Answer (1 of 9): "What probable cause did police have when they attempted to investigate Zayd Atkinson, a student at Naropa University, when he was picking up trash outside of his dorm?" I wonder, Dear Questioner, why you believe "probable cause" is the standard needed for a police officer to st. Here, the PSU sergeant and command staff did not succumb to it.. Nonetheless, Boulder established a new citizen oversight group and hired a moderator to serve as a liaison between the panel and the police department in matters of complaints. According to a news release earlier this month, a Boulder police officer saw a man, now identified as Naropa University student Zayd Atkinson, sitting in a partially enclosed patio area directly . This is incredibly frustrating to watch. FORT LAUDERDALE, Fla. (AP) A Florida man left paralyzed when a police officer shot him after mistaking his handgun for his stun gun filed a lawsuit Wednesday against the city, the officer and . All Rights Reserved. ABC News' Nicholas Coulson and Bill Hutchinson contributed to this report. Atkinson." Newly-released body camera video shows how it all started. Zayd Atkinson, the Naropa University student who was detained on his front doorstep . . See Also: Police Chief Whitesplains Officers Pulling Gun On Black Man Picking Up Trash In His Back Yard. "I was not going to just fall in line again and just be a dog," Atkinson told CBS4 on Thursday. They unanimously approved the payout Tuesday. The training of the additional officers who arrived on scene contributed to the resolution of this incident without further escalation or injury. (Jeremy Papasso/Staff photographer) The report notes Boulder police Chief Greg Testa got the first complaint about the incident on March 3 from Atkinsons mother, and referred the matter to internal affairs on March 4. Mr. Zayd Atkinson, right, was confronted by police outside his home in Boulder, Colo., on March 1, 2019, while picking up trash. "Boulder is essentially saying we're going to pay this officer and let him resign for threatening Zayd's life, for racially profiling Zayd," said Atkinson's attorney, Siddhartha Rathod. ", 2 teen girls arrested in SF scooter attack, police say, Doctor urges that heart health be a year-round priority, Eli Lilly cuts insulin prices up to 70% amid pressure to slash costs. The report released with the body camera footage noted the officer did not have authority to detain Mr Atkinson, or probable cause to . Denver, Colorado 80205 "Not only that you know I'm a black man, I have dreads. Outside review validated BPDs procedures. "I continued to go back to work and pick up trash and clean up my grounds.". This is one of those bad-apple cops the citizens of the country should keep track of. In a statement released on Thursday, The city of Boulder announced that an investigation found that Smyly violated two police department policies: But with the question about which specific unit he lived in, Mr. Atkinson paused, looked around, and began to become exasperated.. Box 21315 Boulder, CO 80301. The Moving can be an exciting experience. Boulder settlement with Zayd Atkinson to, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), CEO announces Saturday, September 17 is Colorado Dailys final issue, Boulder settlement with Zayd Atkinson to include $125K payment from city, Brought to you by Prairie Mountain Publishing, Marijuana: A wet blanket over your emotions, Former 'Family Ties' star Brian Bonsall remains a fugitive, No gay bar in Boulder? The officer requested backup and followed him, ordering him to sit down. We would immediately lose our jobs." A phone number for Smyly could not be located Thursday. On March 1, he tried to detain 26-year-old student Zayd Atkinson in his front yard. Details of the payment amount were included in the City Council agenda packet released Thursday evening ahead of its Tuesday meeting, and elected officials are being asked to approve the deal by the City Attorneys Office. The ID displayed the name of Zayd Atkinson and contained a picture of the male I was speaking with, however, it did not list his address or date of birth. 7On a seemingly normal morning in March of 2019, Zayd Atkinson was picking up trash outside of his . Lawrence, in a prepared statements. Smyly asked Atkinson if he was permitted to be in the location. Once the additional officers who arrived assessed the situation, they used appropriate de-escalation techniques and left. Video of the . Create a free website or blog at WordPress.com. The subject officer notified dispatch and initiated what he described as a consensual contact.. Colorado police officer John Smyly who pulled his gun on Zayd Atkinson, a student at Naropa University picking up trash in front of his apartment building, has resigned. All of the additional officers responding reported that they believed this to be a serious situation because of what they knew from the radio traffic, the report states. "I will not sit down, I refuse to sit down, until you guys put your (expletive) weapons away," Atkinson said. An officer had drawn his gun as Atkinson picked up trash outside his dorm. Smyly contacted Atkinson March 1 outside Naropa student housing at 2333 Arapahoe Ave. as Atkinson was picking up trash with a long metal claw. This news doesnt write itself. Check out Bay Area safety tracker, Tracking the drought: Map shows conditions across SF Bay Area, Bay Area Life; Sundays at 6:30 p.m. on ABC7, a black man confronted by a Boulder police officer. Prolonged litigation will adversely impact those efforts. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smyly's encounter with Zayd Atkinson in Boulder on March 1, 2019. 2701 Lawrence Street, Suite 100 Examined. James Harden surprises fan paralyzed in MSU shooting with FaceTime call and donation, 2 million air fryers recalled due to fire and burn hazards, Students speak out about bullying after fellow student dies by suicide, Digital Deals & Steals celebrating women-owned businesses, (MORE: Charlottesville schools closed over 'racially charged' online threat), (MORE: Colorado police under investigation after viral video shows them pulling guns on black man), (MORE: After blacks kicked off juries, Mississippi man claims racial bias at Supreme Court), (MORE: Man charged after screaming racial slurs, wielding gun on video). The incident began on March 1 when Boulder Police officer John Smyly approached Zayd Atkinson as he cleaned up trash outside his townhouse complex. <p>In this undated photo provided by lawyer Siddhartha Rathod, Zayd . The City of Boulder approved a $125,000 payment to Atkinson in 2020. . Reporting Officer: SMYLY, J. If you use that weapon against me then yes, that is a consideration, Smyly responded. Bodycam footage of the incident emerged and sparked outrage. The city of Boulder said in a statement Thursday that officer John Smyly violated multiple department policies when he confronted Zayd Atkinson, 26, in March. ", "I just told you I lived here and I told you that I'm working as well," 26-year-old Zayd Atkinson responded. New video shows moment Boulder officer pulled gun on black man picking up trash in own yard. Zayd Atkinson is a Black university student who was asked for identification by police to prove that he lived at his home while taking out his own trash. I thoroughly believe I was profiled," Atkinson said. April 5, 2019. After other officers arrived Atkinson berated them for many minutes for their response to a non-situation. Two elected officials did direct comments to Lawrence. During this period, the officer was alone with Mr. Atkinson., Im picking up trash and youre holding a gun. Atkinison sued, and in March of 2020 he was awarded $125,000 in a settlement with the City of Boulder. Mr. Atkinson was picking up trash on his property and had not committed a crime. Zayd Atkinson speaks before Boulder City Council on March 18, 2019, about how he was treated by the Boulder Police officers while picking up trash in his own yard. While the report said Atkinson was justified in his confusion and frustration, it said at no point in the entire incident did anyone use racial language, slurs or innuendo.. Additionally, the City arranged for the departure of the officer. Was there a perspective we missed, or facts we didnt consider? 2701 Lawrence Street, Suite 100 In their report, released today, the investigators backed the findings of the Boulder Police Department internal affairs investigation into Officer John Smyly and his interaction on March 1 with Naropa student Zayd Atkinson. I didnt know what else to do besides, you know, to fight with my voice and to practice my rights, which were thoroughly being breached., The city of Boulder stated, that while the finding likely would have resulted in suspension or possibly termination, Officer Smyly resigned prior to the conclusion of the disciplinary process., John Smylys resignation agreement with the city was negotiated by City Attorney Tom Carr, who explained that the resignation immediately removes Officer Smyly from law enforcement and prevents his reinstatement to the Boulder Police Department., Get the top DEI news delivered straight to your inbox, 5 Biggest News Stories of the Week: February 23, 5 Biggest News Stories of the Week: February 17, Race, Homelessness and the Role of Corporate Social Responsibility, How Companies Are Celebrating Black History Month, 5 Biggest News Stories of the Week: February 9. He is originally from Hawaii and enjoys the beach, camping, golf, beer and writing third-person bios about himself that exaggerate how outdoorsy he is. Smyly said he was concerned Atkinson might have been trespassing. At least 1 student stabbed during fight at North Bay school: Police, How safe is your neighborhood? Body camera video of the incident that was released on Thursday shows Atkinson getting upset after the officer asked him what unit he lives in and asking him to provide identification that showed his address. Zayd gave his name and confirmed that he lived at the location. The Boulder police officer who confronted a black Naropa student picking up trash outside his residence in March was . approval of past meeting minu, which historically does not receive discussion. The Boulder Police Department said it placed the first officer on administrative leave while it investigated the incident. "I couldn't help but notice you sitting on the patio out there," officer John Smyly says in the video. ", A police internal affairs report obtained by ABC News shows Smyly's decision to attempt to detain Atkinson "was not supported by reasonable suspicion that Mr. Atkinson was committing, had committed, or was about to commit a crime. The statement did not release any terms of the settlement. In a viral video, Atkinson was confronted by a police officer while he was picking up trash outside of his . "Give him his ID back and we're outta here," one of the officers is heard saying. Boulder City Attorney Tom Carr and Atkinsons attorneys at Rathod Mohamedbhai LLC issued a joint statement on Thursday. Video and reports of the incident, during which Atkinson was repeatedly asked for identification showing he lived at . "Well I believe that this man had approached me because I'm a black male in an all-white town," Atkinson said later. This field is for validation purposes and should be left unchanged. "This is an all-white community that has historically treated minority communities differently. At one point, Atkinson said he turned his back and walked around to the back of the building as the officer followed him with a Taser in his hand, he said. According to the police report, Smyly asked Atkinson . It l isted the main Naropa University address (2310 Arapahoe Avenue). Click here to sign up for a weekly newsletter, from Boulder Beat. That's when the tense 22-minute stand-off ends. I'm not doing anything illegal, and you're not going to f------ tase me," Atkinson said in the video. Email your thoughts to, established a new citizen oversight group. While he said he appreciates Boulder police releasing the numbers, he believes real change is still years away. Smyly resigned prior to the conclusion of the disciplinary process, but police indicated the process would have likely resulted in suspension or termination. "Boulder police began looking into the incident on Friday and early this morning launched an official internal affairs investigation.". Up to this point, Mr. Atkinson had been polite but surprised by Officer Smylys presence, the independent report read. But Smyly kept insisting Atkinson tell him his unit number, wanting further proof that he lived there. Finally, police confirm his story by asking someone else if he does, in fact, live there. All rights reserved. The city added that Smyly resigned . The charges were dismissed after Lawrence completed a deferred sentence; he filed suit in March 2021, asserting that his First and Fourth AmendmentChange made to existing documents, resolutions, or ordinances rights had been violated. . The (Professional Standards Unit) sergeant hand-searched each of Officer Smylys stops and looked for any disparities based on the race of the individual contacted, the report read. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. [ Pasco County Sheriff's Office ] Nedra Miller . First published on May 16, 2019 / 5:17 PM. The former Boulder police officer who resigned after pointing a gun at a Black Naropa student has agreed to leave his temporary civilian position with the Boulder County Sheriff's Office after complaints from the Boulder County NAACP chapter.. John Smyly was found in violation of department policies and resigned in May 2019 after an internal investigation into Smyly's encounter with Zayd . On March 1 Smyly stopped Atkinson while he was picking up trash next to the building he lives in using a pole and asked him numerous questions. Prolonged litigation will adversely impact those efforts. All Rights Reserved. RO=Responsible Officer, Rep=Representative. Im picking up trash. Whether movers in Fort Collins are helping you Boulder Police Department / Courtesy photo. "The officer's on a paid vacation right now; he's on a taxpayer paid vacation and he's at home being paid now for pointing a gun at a black man," Rathod told "GMA." By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Boulder Police Department. This wasn't enough for Officer Smyly. Thats a gun, Zayd Atkinson said, according to the body camera footage. 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Should know where he is and if he would fire the weapon he! City council is set to approve the payout during a special Monday night meeting, the independent report.! A seemingly normal morning in March of 2020 he was permitted to be there Smyly drew his stun gun then! Identification card s Office ] Nedra Miller own yard police Chief Whitesplains officers Pulling on... The Naropa University address ( 2310 Arapahoe Avenue ) grabber Atkinson was picking up trash and holding. Police Department has also released all related body camera footage noted the officer who a. Sign up for a photo the incident, during which Atkinson was by... Being paid for racially profiling Zayd for illegally stopping him and for threatening his.... It placed the first officer on administrative leave while it investigated the incident on and... First published on May 16, 2019 / 5:17 PM a black Naropa student picking up in. 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The right to be a sum of $ 125,000 asked Atkinson if he was picking up trash outside townhouse!, he tried to detain 26-year-old student Zayd Atkinson as he cleaned up trash outside his dorm the process have! Alone with Mr of this year CO, Zayd Atkinson in his yard!
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